IN THE CASE OF:	  

		BOARD DATE:	    4 November 2010

		DOCKET NUMBER:  AR20100011775 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his DA Form 2-1 (Personnel Qualification Record) to show he served in Southwest Asia, an imminent danger pay (IDP) area, from 17 December 1990 to 17 April 1991.

2.  The applicant states item 27 (Remarks) of his DA Form 2-1 shows the entry "Duty in Imminent Danger Pay Area Southwest Asia (901217-910417)"; however, the entry has been lined through.  He adds that he received hazardous duty pay of $110.00 per month during the period 17 December 1990 to 17 April 1991.

3.  The applicant provides a copy of page 3 of his DA Form 2-1.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to


timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 29 August 1989 for a period of 6 years.  Upon completion of training he was awarded military occupational specialty 71M (Chaplain Assistant).

3.  The applicant's DA Form 2-1 shows in:

	a.  item 5 (Oversea Service) he served in:

* Germany from 30 June through 16 December 1990
* Saudi Arabia from 17 December 1990 through 17 April 1991
* Germany from 18 April 1991 through 20 January 1992

   b.   item 9 (Awards, Decorations and Campaigns) the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Second Class [Marksman] Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Kuwait Liberation Medal (Saudi Arabia), Southwest Asia Service Medal with three bronze service stars, Army Good Conduct Medal (1st Award), and that he served in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Southwest Asia Cease-Fire campaigns;

   c.  item 27 the entry "Duty in Imminent Danger Pay Area - Southwest Asia (901217-910417)" which has been lined through [deleted];

   d.  item 33 (Date) the applicant reviewed his Personnel Qualification Record on 28 February 1992; and

   e.  item 35 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, VII Corps (Germany), from 2 July 1990 through
19 January 1992.

4.  The applicant's DD Form 214 shows he entered active duty this period on
29 August 1989 and he was honorably discharged on 9 October 1992.  At the time he had completed 3 years, 1 month, and 11 days of net active service this period.

   a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, 


Marksman Marksmanship Qualification Badge with Grenade Bar, National Defense Service Medal, Overseas Serfice [sic] Ribbon, Kuwait Liberation Medal (Saudi Arabia), Southwest Asia Service Medal with three bronze service stars, Army Good Conduct Medal, Army Lapel Button, Army Achievement Medal
(1st Oak Leaf Cluster), and the Army Commendation Medal.

   b.  Item 18 (Remarks) does not show he deployed with his unit to Southwest Asia (Saudi Arabia).

5.  There is no evidence in the applicant's military personnel records that shows he was awarded the Kuwait Liberation Medal (Kuwait).

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation states that the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

7.  Army Regulation 600-8-104 (Military Personnel [MILPER] Information Management/Records) prescribes policies, operating tasks, and steps governing the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Information File, Army Personnel Qualification Records, and MILPER Information Management as a work category.  Chapter 5 (Personnel Qualification Record), Table 5-2 (Instructions for recording entries on the DA Form 2-1), shows an entry will be made in item 27, as follows:

   a.  "Duty in imminent danger pay area (Grenada) (inclusive dates)" for Soldiers who served directly in the Grenada Operation between 23 October 1983 and 21 November 1983.

   b.  "Duty in imminent danger pay area (Panama) (inclusive dates)" for Soldiers who served directly in Operation Just Cause in Panama between
20 December 1989 and 31 January 1990.

   c.  There is no provision for a hostile fire/IDP (HF/IDP) entry in item 27 for Soldiers who served in operations in Southwest Asia during the period of service under review.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for 


Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the DA Form 2-1, Enlisted Record Brief (ERB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, MPRJ, or any other document authorized for filing in the OMPF.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

   	(1)  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.
   
   	(2)  Item 18 states use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

   	(3)  There is no provision for entering information pertaining to HF/IDP for service in Southwest Asia on the DD Form 214.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he served in Southwest Asia, in an IDP area, from 17 December 1990 to 17 April 1991.

2.  The entry pertaining to the applicant's duty in an IDP area (i.e., Southwest Asia from 17 December 1990 to 16 April 1991) was lined through (i.e., deleted) from item 27 of his DA Form 2-1.  The governing Army regulation does not authorize an entry in this item for HF/IDP for Soldiers who served in Southwest 


Asia (Saudi Arabia) during Operations Desert Shield/Storm.  Thus, the entry was correctly lined through and deleted and the applicant is not entitled to correction of item 27 of his DA Form 2-1.

3.  However, although the item 27 entry was deleted, item 5 of his DA Form 2-1 shows that he served in Saudi Arabia from 17 December 1990 through 17 April 1991.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show his service in Saudi Arabia.

4.  The evidence of record shows the applicant served a qualifying period for entitlement to the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his DD Form 214 and show this foreign award.

5.  The evidence of record shows the applicant was authorized the Overseas Service Ribbon; however, it is misspelled in item 13 of his DD Form 214. Therefore, it would be appropriate at this time to correct this award entry.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 the "Overseas Serfice Ribbon";

	b.  adding to item 13 of his DD Form 214 the Overseas Service Ribbon and Kuwait Liberation Medal (Kuwait); and

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901217-19910417."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to entering imminent danger pay on his DD Form 214 or his DA Form 2-1.




      __________X___________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100011775



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ABCMR Record of Proceedings (cont)                                         AR20100011775



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